Safety Incentive Programs
Safety incentive and disincentive policies are tricky to implement in ways that are truly effective. Often, there are short term gains that are not sustainable and then damage “culture” within an organization. However, if done well, they can really yield a sustainable result. Here are some thoughts to consider. Financial incentive programs are suggested by […]
The Deep Freeze: Limiting Liabilities for Cold Weather Hazards
The New Year has brought some immediate challenges with the severe weather that has set cold weather temperature records in many locations. These extreme temperatures, together with the accumulations of snow and ice, have created hazards in many workplaces. This article deals with identifying these hazards and outlining response actions that employers should consider taking […]
Donning and Doffing – So You Think That You Contracted Out of It?
Do you have a collective bargaining agreement with a union that excludes pay for time that employees spend donning and doffing protective clothing? Today, the U.S. Supreme Court heard oral arguments in a case that could determine that you are liable for that time – regardless of what the collective bargaining agreement says. Read full […]
Weed and Weapons: Workplace Challenges Based on New Laws
Every state now has some sort of legislation regarding the carrying of concealed weapons. A number of states and other political entities have adopted legislation to permit the use of medicinal marijuana. Each one of these matters creates the potential for safety hazards as well as violation of employee rights and possible employment discrimination. This […]
Cranes & Power Lines Don’t Mix
It must be assumed that all power lines are energized unless the utility owner/operator confirms that the power line has been and continues to be de-energized and it is visibly grounded at the worksite. To avoid contact to power lines when operating cranes the employer must follow the regulations of 1926 Subpart CC. Follow these […]
Footwear
Is it protective footwear or just work shoes? It all depends. On what? Your hazard assessment. As an employer, you must conduct a hazard assessment to determine the type of PPE required for your employees. The hazard assessment should reveal what hazard exposures are present. Is there a hazard of: Falling or rolling objects Punctures […]
Putting The “Super” Back In Supervisor: OSHA’s Attempt To Make Hourly Employees Supervisors
The enclosed article will focus on a June 24, 2013 decision of the Supreme Court of the United States in an employment discrimination harassment case in which the Court defined what constitutes a “supervisor” to impose liability on the employer. The Court said that the supervisor must have the ability to effect “a significant change […]
OSHA’s New Guidance Permits Union Representatives During OSHA Inspections
The enclosed article discusses a controversial topic, whether OSHA can bring a union representative or a community activist into a non union workplace to assist the OSHA compliance officer in the inspection walk around. We discuss the issue and provide recommendations. We look forward to your comments. Please feel free to circulate this article within […]
OSHA General Duty Clause – When Is The Duty “General”
As you know, OSHA’s General Duty Clause has been a challenge to employers and recently the agency has made attempts to expand its scope. The attached article underscores this trend and how an employer can successfully defeat a citation where the agency attempts to rely upon impermissible data to support the citation. I hope this […]
7th Circuit OSHA Case on Soil Types
On the topic of trenching, the following article is regarding a recent decision by the 7th Circuit Court for the Northern District of Illinois dealing exclusively with soil types and sloping requirements in the OSHA citation context, as well as my summary of the decision. Everyone involved in underground work should be familiar with the decision. […]
Goodbye Carrot, Hello Stick – OSHA to Continue Aggressive Enforcement in 2013
We attach herewith our thoughts on OSHA enforcement in 2013. Read full article here. Please feel free to share with your staff.
Discriminate At Your Peril: Supervisor Personal Liability Under OSHA
As you might expect, the web of potential liability for retaliating against “whistleblowers” under OSHA is expanding. Most employers believe that if an employee is discriminated for engaging in “protected activity” under OSHA that the only person that will be responsible for damages is the employer. Think again, as this article reveals, any “person” who […]
